The Trump Presidency

[jfb]

On a slightly different note, does anyone have any thoughts on the case Texas has brought before the Supreme Court?

Yeah.  They're not printable.

Note that TX is just as guilty of what it's accusing the other states of doing - changing voting procedures without legislative approval.  Gov. Abbott extended early voting by a week without going through the Lege.  Obviously, TX votes must also be thrown out. 

Law Twitter does not expect this case to get heard as it relies on the same arguments that have been shot down in other courts.  One can hope.

But you know this isn't going to end after Dec 14, or Jan 20, or, well, ever.  They're raising too much money to think about stopping. 

[raven]

They're no doubt already looking to the next elections, working up the Trumpublican cultists to a fine froth.

[Obviousman]

Do you think there might be an attempt to form a breakaway 'Trump' party, like what happened with the Tea Party?

[raven]

Do you think there might be an attempt to form a breakaway 'Trump' party, like what happened with the Tea Party?

Eh, I doubt it. US politics is downright lethal to third parties for presidential elections. No, I think they'll want to keep things under one roof as long as they can, so they can still have the "My grandfather voted Republican, my father voted Republican, so God dammit, I'm voting Republican."right wing voters as well as the Trumpets.

[gillianren]

I will say that our down-ballot races had a lot of people identifying themselves as "pre-2016 Republican" or "Trump Republican."  (Our ballot puts your party affiliation on the ballot exactly the way you enter it on the paperwork, so far as I can tell.)  But they're both Republican.

[Peter B]

[snip]

The doctrine of laches says that you must begin to pursue a remedy in court upon knowledge of first injury.  You may not delay, or as the legal jargon goes:  "sleep on your rights."  This is especially true when delay would prejudice any court action against the defendant.  For example, if I discovered that someone was infringing on my patent, I cannot wait a year or two until they have amassed a pot of revenue as the fruits of their infringement, and then swoop to claim it as ill-gotten gain.  I had the duty to stake my claim before the defendant committed further resources.

Here, when the claim is that a law is unconstitutional on its face, the laches clock begins ticking as soon as the laws hit the books.  "First injury" for facial unconstitutionality occurs when the law is enacted, as opposed to as-applied unconstitutionality, which requires a body of facts in some case to adjudicate.  If Texas believed the laws of other states that regulated their balloting violated their state constitutions, and that this would injure Texas' rights in the Electoral College, they had a duty to begin action when the laws were enacted, not just after it became apparent that they would lose.  Texas had a duty to bring action before the defendant States used those laws to conduct elections.  The defense of latches is especially strong when suit is filed after the States certified their electoral votes.  Eleventh-hour tactics after intentional delays almost always fail on the grounds that the other party is thereby prejudiced.

[snip]

I note the Michigan response to the claim uses that exact terminology.

[Peter B]

https://www.abc.net.au/news/2020-12-12/supreme-court-rejects-texas-lawsuit-donald-trump-us-elecion/12978044

Boom.

[raven]

Thank All it was rejected, but this has been the stupidest, most inane and pointlessly divisive piece of political posturing I have ever seen.

[jfb]

Do you think there might be an attempt to form a breakaway 'Trump' party, like what happened with the Tea Party?

Eh, I doubt it. US politics is downright lethal to third parties for presidential elections. No, I think they'll want to keep things under one roof as long as they can, so they can still have the "My grandfather voted Republican, my father voted Republican, so God dammit, I'm voting Republican."right wing voters as well as the Trumpets.

The Democratic and Republican parties are already fairly diverse coalitions of multiple interests (where else would you have environmentalists and labor in the same party), and that’s part of why it’s hard for third parties to gain traction.  Third parties also tend to be focused on single issues, limiting their appeal. 

But...

Given the colors shown over the last few weeks, I can see the GOP going the way of the Whigs and a new conservative party forming in opposition.  Inertia is hard to overcome, but damn if the Trump wing isn’t doing their best to drive people out of the party.

[JayUtah]

Thank All it was rejected, but this has been the stupidest, most inane and pointlessly divisive piece of political posturing I have ever seen.

Indeed.  And it's worth noting that Pres. Trump's three nominees apparently voted not to grant leave.  That probably infuriated him.

Our state attorney general, who signed onto the amicus brief from Missouri, is now in hot water.  He did so without the notice and consent of the governor and governor-elect, who oppose the move.  He's citing the independence of his office as a justification for committing Utah to such a frivolous and embarrassing proposition.  And the citizens are turning against him too, noting that it's pretty disingenuous to sign onto an argument alleging widespread fraud in mail-in balloting when the election that put him in office was conducted almost exclusively by mail.

[raven]

Given the colors shown over the last few weeks, I can see the GOP going the way of the Whigs and a new conservative party forming in opposition.  Inertia is hard to overcome, but damn if the Trump wing isn’t doing their best to drive people out of the party.

They certainly are doing their level best, yes.
And I bet he's fuming, JayUtah. The man is a wannabe autocrat. If it wasn't already taken,the title of his biography should be 'The Man Who Would Be King'.

[JayUtah]

And I bet he's fuming, JayUtah. The man is a wannabe autocrat. If it wasn't already taken,the title of his biography should be 'The Man Orangutan Who Would Be King'.

Coming soon from Netflix.

[raven]

And I bet he's fuming, JayUtah. The man is a wannabe autocrat. If it wasn't already taken,the title of his biography should be 'The Man Orangutan Who Would Be King'.

Coming soon from Netflix.

An insult to orangutan I know, including a very competent librarian.

[ineluki]

https://www.abc.net.au/news/2020-12-12/supreme-court-rejects-texas-lawsuit-donald-trump-us-elecion/12978044

Boom.

And the first traitorous Texan is already promoting secession... https://www.fox7austin.com/video/879541

[BazBear]

And here's what actual voter fraud looks like, what an asshat!

Florida attorney under investigation for registering to vote in Georgia, encouraging others to do the same
https://www.wsbtv.com/news/politics/florida-attorney-under-investigation-registering-vote-georgia-encouraging-others-do-same/L6LTC2AHBFDMXPOTZKVMO5ESJQ/